Expulsion Of Outsourcing
2 791 On a competitive basis, more companies are moving towards a rational business process model. Against this background, outsourcing only increases the demand for employers. Long before a treaty with a legal entity on the transfer of a function, it was important to understand what errors could be made and how to prevent them. As from 1 January 2016, outstaffing (remunerated work) at the official level will be prohibited in the territory of the Russian Federation. These provisions were laid down in article 5 of the Federal Act No. 116-FZ on the amendment of certain legislative acts of the Russian Federation. Does the outsourcing restriction data relate to the contract and how to make it look like an outstaffing contract? The situation should be reviewed in stages.
Outsourcing
The outsourcing treaty is subject to generally accepted rules on the reimbursable service contract, as provided for in Chapter 39 of the CCF. The main points that are necessarily entered into the treaty are:
List of services provided;
- Timeline for the provision of information and results;
- Liability of the perpetrator and the customer;
- Conditions for termination.
Each condition should be examined in detail.
List of services provided. Pending the approval of the outsourcing agreement, the provider should be as informative as possible on all current issues that directly or indirectly affect the function that the firm is about to take over and describe in advance all the tasks ahead.
It should also be borne in mind that, in the course of the work, it will be known that the enterprise requires, for example, performance reporting, a support system for the customer, which has not previously been specified, all these services will be classified as supplementary and paid separately. It is related to the fact that they have not been written in the treaty before. That is the importance of prior discussion of all the nuances of cooperation. Such an approach would provide an opportunity to plan as clearly as possible the level of its outsourcing costs in the context of large-scale business projects.
The main omission in the contract design of outsourcing is the low specification of the services provided, the superficially described current objectives, the wording that allows for the dual interpretation of the rights and obligations of the parties to the transaction (e.g., if the contract is maintained, that the implementing officer conducts an expert assessment of the contracting parties ' agreements with other legal entities and is represented in the court, then it is no longer possible within the contract to require the outsourcing company to provide the company).
In a context where the subject matter of the treaty is somewhat vague, it is not to be expected that the perpetrator will take his obligations seriously. It is for this reason that, in any situation, the company ' s control should be maintained in the context of the transfer of several of its functions to outsourcing, first and foremost, the systemic regulation of outsourcing operations should be ensured. It's best to have planned and non-scheduled reports. As a matter of urgency, requirements should be made for a general reconciliation of the work done and the services rendered. This is much easier to do if the provisions are originally written in the contract.
The basic contract can always be supplemented by separate paragraphs through a new agreement drawn up by the parties to the transaction. It would be desirable, however, to determine in advance the modalities of such an agreement in the outsourcing treaty.
